[Download] "Monaghan v. Standard Motor Co." by Supreme Court of Montana " Book PDF Kindle ePub Free
eBook details
- Title: Monaghan v. Standard Motor Co.
- Author : Supreme Court of Montana
- Release Date : January 29, 1934
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
Constitutional Law, Right of Accused in All Criminal Prosecutions to Meet Witnesses against Him Face to Face — Criminal Law, Obtaining Money under False Pretenses — Evidence, Presumption that Witness Speaks Truth — Rebuttable Presumption, How Repelled — Trial, Instructions on Judging Witnesses and Repelling Presumption that Witness Speaks truth — Jury in Criminal Prosecution has right to see Witness, Hear him Testify, Observe his Manner, Demeanor, Consider his words and Determine his Credibility — Witnesses, Right of Accused in All Criminal Prosecutions to Meet Witnesses against Him Face to Face — Appeal and Error, Denial of Accuseds constitutional Right to Meet Witness against Him Face to Face in Criminal Prosecution is Reversible Error. 1. Criminal Law — Witnesses — Trial — Right to meet witness face to face. The defendant has a right to meet witness face to face and a witness is presumed to speak the truth but this presumption may be repelled. Jury is sole judge of credibility. 2. Criminal Law — Appeal and Error — Testimony given on first trial, effect of use. Where, without testimony of witness who had testified at first trial of defendant but who had left state shortly before second trial, evidence was insufficient to justify conviction of defendant for obtaining money under false pretenses and such witness could have been served with subpoena and have been a witness at the second trial if prosecution had used due diligence, reading testimony of such witness into evidence, over objection of defendant, was error, and the cause was reversed and remanded.